General terms and conditions of TELUS Health Engage

The following Terms of Use and the License Agreement (hereinafter also referred to jointly as the "Terms") govern the use of the TELUS Health Engage offerings in the TELUS Health Engage app and the contractual relationship between the end user and user of the TELUS Health Engage app (hereinafter also referred to as "User ") and Humanoo (hereinafter also referred to as "eTherapists GmbH").

Note on the restriction of use

The TELUS Health Engage offers can only be used on a mobile device (iOS & Android) with the mobile software of eTherapists GmbH (hereinafter also referred to as the "TELUS Health Engage app"). eTherapists GmbH would like to point out that the TELUS Health Engage app is currently not compatible with all mobile device operating systems. Accordingly, an app-compatible smartphone with an operating system necessary for using the app and an internet connection are required to use the app. The app is not compatible with all smartphone operating systems, so it is not possible to use the app with a non-compatible operating system. Offline participation is excluded.

The following minimum requirements currently apply to the use of the TELUS Health Engage app:

  • Google Android at least version 9.0 (Pie)

  • Apple iOS at least version 15

  • Internet connection

In order to be able to provide the service to the user in the contractually guaranteed quality, only the versions of their respective operating systems officially supported by Apple and Google are supported for the TELUS Health Engage app. This excludes in particular operating systems of smartphones that have been modified by the user (in particular jailbreak, custom ROMs or comparable modification of the operating system by the user).

eTherapists does not support operating system versions or end devices that are no longer officially supported by the manufacturers (EOL). Furthermore, eTherapists reserves the right to restrict the supported operating system versions at any time in the future in order to ensure the stability, security and functionality of the TELUS Health Engage app.

Notes on the costs for data transfers

Costs may be incurred for the transmission of data from the TELUS Health Engage offers and the TELUS Health Engage app between the computer or mobile device of the user and the servers of eTherapists GmbH through the use of Internet providers. These costs are charged by the internet provider. Users can find out the specific costs of data transmission from their internet provider.

1. Area of application

This section sets out how and by whom the TELUS Health Engage offers and TELUS Health Engage app can be used and under what circumstances different conditions may apply.

1.1 The digital health-promoting TELUS Health Engage offers contained in the TELUS Health Engage app may only be used by natural persons whose use of the offers cannot be attributed to their commercial or independent professional activity (consumers). If the user is a minor or otherwise lacks the capacity to enter into a binding agreement in their jurisdiction, use of the TELUS Health Engage app together with the TELUS Health Engage offers is only permitted if the prior consent (agreement) of the authorized representative has been obtained.

1.2 Use of the TELUS Health Engage app by entrepreneurs is excluded. Anything to the contrary may only apply by express written agreement.

1.3 The provider of the TELUS Health Engage services and the TELUS Health Engage app is:

eTherapists GmbH,

Invalidenstrasse 117,

10115 Berlin, Germany.

eTherapists GmbH is the global contracting party of the user when using the TELUS Health Engage app including the TELUS Health Engage offers.

Contact options

Email: support@engage.telushealth.com

Phone: +49 (0) 30 120 88 55 0 (International charges may apply)

eTherapists GmbH can be contacted in case of questions regarding these provisions, the TELUS Health Engage offers or the TELUS Health Engage app

1.4 These provisions apply to all TELUS Health Engage services offered at https://www.telushealth.com/en/solutions/engage and in the TELUS Health Engage app.

1.5 eTherapists GmbH is neither the operator of mobile end devices nor of platforms on which apps are offered and distributed ("app stores"). These provisions therefore do not apply to the relationship between the user and the operator of such "app stores" or the operator of the user's mobile device. Here, separate provisions of the respective operators may apply, which the user should observe.

2. TELUS Health Engage offers

Here we explain what TELUS Health Engage offers and what services are available.

2.1 The TELUS Health Engage services, the scope of use of which depends on the TELUS Health Engage ID acquired and made available by the entrepreneur, include various functions (such as coaching, exercises, recipes or activity tracking) with which the user can determine his individual physical and mental state of health and improve his performance. The aim of the TELUS Health Engage services is to raise awareness of health issues among users and to encourage them to take a more active approach to their own health.

2.2 The digital content of the TELUS Health Engage services is made available to users via the TELUS Health Engage app. Digital content includes, for example, videos with exercises, recipe suggestions with pictures and cooking instructions or other written or visual recommendations.

2.3 Food, training equipment and other objects used by eTherapists GmbH in the TELUS Health Engage offers in coaching sessions or recommendations for action are not part of the TELUS Health Engage offers and may have to be purchased separately.

2.4 The TELUS Health Engage offers include functions such as "Loosening up / releasing tension", "Training", "Challenges" and "Nutrition".

  • The "Relaxation / release tension" function allows users to select body regions and receive recommendations. The user is then offered exercises (in the form of videos with physical exercises) that can be used to improve well-being. This also includes a collection of yoga coaching sessions.

  • In the "Coach" area, the user is given a selection of programs for pursuing individually definable health goals (e.g. "Exercise", "Mindfulness" and "Nutrition").

  • The "Activity" function offers users the opportunity to set personal goals in selected categories (e.g. "steps per day"). In this context, the user can transmit data via Google Fit, the Apple Health app or from other activity data tracking providers. In the event that the user wishes to use the service of a cooperating third-party provider for tracking (e.g. Google Fit, Apple Health App or other providers), personal data relating to registration and use will be exchanged. The user receives more detailed information during the initial application and in our data protection information.

  • The "Nutrition" section provides users with recipes and the option of receiving individual recipe suggestions.

2.5 The app enables the collection of points ("diamonds") for health-conscious behavior in the form of the activities and activities specified in the app or goals chosen by the user within the scope of the activities and activities permitted in the app (individually or collectively "activities"). The descriptions of the activities can be found in the app. The user can connect health apps or fitness trackers that the app allows. Participation in the Diamond Program is free of charge. All duly registered users are eligible to participate.

2.6 The user has the opportunity to collect diamonds for the activities specified and/or permitted by the app or for activities chosen and permitted by the user. The applicable conditions and evidence that must be fulfilled or provided are listed in the descriptions of the activities in the app and depend on the respective activities. The selection of activities, the amount of diamonds, the conditions and the choice of evidence are at the sole discretion of eTherapists GmbH and can be changed at any time without giving reasons.

2.7 Any competitions associated with activities may also have their own terms and conditions. These are listed in the description of the respective activity or activity.

The number of diamonds and their converted value in the respective national currency is determined by eTherapists GmbH at its own discretion and on a case-by-case basis for each activity. The diamonds and their converted value amount in the respective national currency can be reduced or deleted by eTherapists GmbH at any time.

2.8 Upon successful completion of the activities specified by the app or selected and approved by the user, or upon complete fulfillment of the conditions applicable to the activities and submission of proof (see declaration in the app), the user will receive the number of diamonds specified by eTherapists GmbH credited to their user account. The number of diamonds that can be collected and their converted value in the respective national currency is limited per calendar year.

2.9 The user has the option of receiving the diamonds they have collected either as a cash payment (bank transfer) where available or as a voucher in the TELUS Health Engage Reward Shop located in the app. Cash payments are excluded. Diamonds can only be paid out to an account specified by the user. There is no entitlement to the payment of diamonds for users. eTherapists GmbH may refuse payment to users in whole or in part at any time at its sole discretion and without stating reasons. Once the form of payment has been selected, it cannot be changed to another form at a later date.

2.10 eTherapists GmbH is entitled at any time to make corrections regarding the diamonds (deduction or deletion of diamonds) if errors have occurred and diamonds have been credited to a user without authorization. This may be the case, for example, if a subsequent check reveals that a user has provided false information. The right to make corrections at any time is at the sole discretion of the operator and without giving reasons.

2.11 Diamonds are valid for at least 12 months from the time they are credited to the user account and then expire automatically without compensation and irrevocably. eTherapists GmbH may extend or shorten the period at any time without giving reasons. If the license is terminated (by the user, employer or insurance company) or the user account is deleted, the diamonds collected up to that point will also expire irrevocably and without compensation. Collected diamonds are neither transferable nor inheritable.

2.12 Depending on the activity, the following verification options are available to users:

  • Photo upload

  • Fitness tracker connection

  • Upload documents

Other forms of proof are reserved and the user will be informed of this in the app if necessary.

Photo proofs submitted via photo upload are only checked manually by authorized employees at eTherapists GmbH.

It is at the sole discretion of eTherapists GmbH whether the user has provided proof of successful completion of an activity in an individual case. The decision of eTherapists GmbH is made without giving reasons. The user must provide eTherapists GmbH with evidence by the end of the activity at the latest. Proof must be provided using the formats and specifications provided in the app. The submission of photos and documents by other means is not permitted.

2.13 The TELUS Health Engage offers are subject to a fee and can only be used after the purchase of a TELUS Health Engage ID. The use of a TELUS Health Engage ID as a license is the basis for registering a user account and activating the TELUS Health Engage offers for the user.

TELUS Health Engage IDs can only be acquired by companies, insurance companies or health insurance companies (hereinafter also referred to as "contractual partners"). When purchasing the TELUS Health Engage ID, it is agreed between eTherapists GmbH and the contractual partner that the offer of use linked to the TELUS Health Engage ID is to be provided for the benefit of the user. The user has the right to request the access and conditions of use directly from eTherapists GmbH for the duration of the term, although he has not himself become a party to the contract in this respect. Depending on the term chosen by the contractual partner, a TELUS Health Engage ID is valid for:

twelve (12) months / twenty-four (24) months or thirty-six (36) months with an automatic contract extension,

The purchase of individual licenses by the user himself is excluded. The other requirements for the acquisition and use of the TELUS Health Engage ID are set out in section 5.

2.14  For contractual partners, such as companies (employers) or insurers/health insurance companies that make the TELUS Health Engage offers available to their employees/insured persons, eTherapists GmbH also offers to create anonymized evaluations of the health status of their employees/insured persons. An evaluation is carried out using the TELUS Health Engage IDs that the respective contractual partner (employer or insurer/health insurance company) has acquired from eTherapists GmbH. The evaluation does not include users who are not employees/insured persons of the respective company or the respective insurer/health insurance company. Anonymized assessment requires the processing of the user's health information and personal information in order to produce anonymized data in accordance with applicable privacy legislation, including, where applicable, laws and regulations set out in Appendix 3. Anonymized data refers to data that has undergone processing designed to irreversibly prevent, in accordance with generally recognized best practices, the direct or indirect identification of the data subject. No re-identification activities shall be carried out. Once anonymized, such data is no longer considered personal information within the meaning of applicable privacy legislation.

2.15 The legal basis for this data processing requires the prior consent of the user, which is declared to eTherapists GmbH when registering for the app. The user can find further information in the relevant declaration of consent at https://go.telushealth.com/telus-health-engage-consent-declaration.

2.16 The TELUS Health Engage app is offered to users free of charge for download via the Apple App Store and Google Play. The TELUS Health Engage app is software that enables access to the TELUS Health Engage services from a mobile device and makes the presentation of the TELUS Health Engage services on mobile devices user-friendly. The installation of the TELUS Health Engage app on a mobile device is a prerequisite for using the TELUS Health Engage services.

3. Health information

The following instructions should be read and taken into account particularly carefully, as they are very important for the health of the user. In particular, it explains what needs to be considered before and during use of the TELUS Health Engage services with regard to health.

3.1 The TELUS Health Engage services do not constitute medical advice or a medical examination and are in no way a substitute for a visit to the doctor. The aim of the TELUS Health Engage services is to raise awareness of health issues and motivate users to adopt a more balanced lifestyle.

3.2 eTherapists GmbH strongly advises users with pre-existing conditions or pregnant women to consult a doctor before using the TELUS Health Engage services and to discuss their use with a doctor.

3.3 If the user notices that discomfort occurs while using the TELUS Health Engage services or if the user experiences sudden pain while carrying out the coaching sessions of the TELUS Health Engage services, eTherapists GmbH advises the user to stop using the TELUS Health Engage services for the time being and to consult a doctor immediately.

3.4 In order to enable individualized coaching for the user, the TELUS Health Engage offer includes the optional performance of health tests in the areas of "mobility", "mindfulness", "nutrition" and "activity". Our health experts classify the current status in the corresponding subject areas.

3.5 Users should clarify any allergies and food intolerances with their doctor before using the TELUS Health Engage services and pay particular attention to the respective ingredients when selecting food.

3.6 The TELUS Health Engage offer does not include curative treatment measures. In particular, the TELUS Health Engage offer does not include medical or psychotherapeutic advice or treatment and is not a substitute for such. In cases where your (mental) health is impaired and requires medical or psychotherapeutic treatment, our offer cannot replace medical treatment, but can only be a useful supplement; the user should discuss this question in advance with his doctor or therapist and follow the corresponding recommendation before using the TELUS Health Engage offer. In all other respects, the requirements for registration in the TELUS Health Engage app and the use of the TELUS Health Engage services in accordance with sections 3 and 4 et seq. apply.

3.7 Important note: If the user has thoughts or concrete plans to end his or her own life, the TELUS Health Engage service is not suitable for the user in question. Should such thoughts arise in the course of using the TELUS Health Engage service, the user is required to consult a doctor or psychotherapist immediately or to contact a local crisis hotline or emergency services.

4. Registration and conclusion of contract

This section explains how registration for the TELUS Health Engage app works and how the contract is concluded, including these provisions.

4.1 In order to be able to use the TELUS Health Engage offers, it is first necessary to register for the creation of a user account. Each user may only register for one user account and may not make this user account accessible to third parties. In addition, the user account cannot be transferred to a third party.

4.2 Registration is carried out via the TELUS Health Engage app (iOS and Android). As an alternative to registering a user account, users have the option of logging in with the access data of the providers "Apple", "Google" or using their own email address.

4.3 Upon registration, the user is requested to take note of and accept these provisions and to declare his/her consent to the data protection provisions. Once the user has accepted these provisions, they shall form an integral part of the relationship between eTherapists GmbH and the user and, upon completion of registration, the contract between the user and eTherapists GmbH regarding the use of the TELUS Health Engage services free of charge for the user (hereinafter referred to as "user contract") shall be concluded.

4.4 The user's declaration of consent to the data protection provisions is a mandatory prerequisite for the conclusion of the user contract and the subsequent use of the TELUS Health Engage app, including the TELUS Health Engage offers. If the user does not declare their consent to eTherapists GmbH or subsequently revokes it, it will not be possible to use the TELUS Health Engage app for data protection reasons. In this case, eTherapists GmbH is entitled to terminate the user agreement with immediate effect and to block the user's access to the TELUS Health Engage app and the TELUS Health Engage offers.

4.5 A good general state of health is a basic prerequisite for using TELUS Health Engage services. Users with pre-existing mental or physical illnesses should consult their doctor or therapist before using TELUS Health Engage services. TELUS Health Engage services expressly does not replace psychotherapy and is not suitable for the treatment of diagnosed disorders. If the user is currently undergoing therapy, the user should consult his/her doctor or therapist before using TELUS Health Engage services, who can decide on a case-specific and individual basis whether it makes sense for the user to participate in the TELUS Health Engage services in the TELUS Health Engage app.

5. Acquisition of the TELUS Health Engage IDs

A TELUS Health Engage ID is required in order to use the TELUS Health Engage services. This section explains how the TELUS Health Engage ID works in detail and how it is acquired.

5.1 The TELUS Health Engage ID is used for user registration in the TELUS Health Engage app and to activate the TELUS Health Engage services in the TELUS Health Engage app for the user. The TELUS Health Engage ID can be purchased by a company for its employees or by an insurer/health insurance fund for its insured persons. The different terms can be viewed at 2.13. The term begins from the time of the conclusion of the contract between the contractual partner and eTherapists GmbH. The TELUS Health Engage ID entitles the user to use the fee-based categories for companies, insurance companies and health insurers within the desired term. If the contractual term with a company or insurance/health insurance company ends and the contract is not extended, the validity of the TELUS Health Engage ID for employees of a company or members of an insurance/health insurance company also ends.

5.2 There are two ways to acquire the TELUS Health Engage ID. These are the provision by the user's employer or by the user's insurer.

5.2.1 Acquisition by the user's employer

eTherapists GmbH offers companies (employers) the opportunity to purchase a large number of TELUS Health Engage IDs and distribute them to their employees free of charge. This is intended to improve occupational healthcare. It is also possible for the employer to be given TELUS Health Engage by a health insurance fund or insurer. In this case, the company also receives anonymized reporting, provided that a declaration of consent has been obtained from the user in accordance with the requirements of section 2.14.

Users who are employees of such a company (employer) receive the TELUS Health Engage ID directly from their employer; it may also be issued by an employee of eTherapists GmbH. An order process and payment by the user themselves are then not necessary. This is done by the respective employer or the participating insurer / health insurance company. The user then receives the TELUS Health Engage ID free of charge from their respective employer.

5.2.2 Acquisition by the user's insurer/health insurance fund

eTherapists GmbH offers insurers/health insurance companies the opportunity to purchase a large number of TELUS Health Engage IDs and distribute them to their insurance members (insured persons) or potential insured persons free of charge. This is intended to sensitize the insured to health issues. The insurance company has the option of receiving anonymized reporting on member health, provided that the user's consent has been obtained in accordance with the requirements of Section 2.15.

Users who are insured with such an insurer/health insurance fund will receive the TELUS Health Engage ID directly from the insurer/health insurance fund; it may also be issued by an employee of eTherapists GmbH. An order process by the user himself is not necessary. This is done by the respective insurer / health insurance company. The user then receives the TELUS Health Engage ID free of charge from the insurer/health insurance company.

6. Statutory Withdrawal or Cancellation Rights

This section explains any statutory rights to withdraw from or cancel the contract that may apply based on the User's jurisdiction.

6.1 This User Agreement is for the free-of-charge use of the TELUS Health Engage services.

6.2 Users in certain jurisdictions may have a statutory right to withdraw from or cancel this contract within a specified period without giving a reason, where mandated by local consumer protection laws (See Appendix 2).

6.3 The existence, duration, and conditions of any such statutory right of withdrawal or cancellation are determined solely by the mandatory laws of the User's country of residence.

6.4 If such a statutory right applies to the User, they must notify eTherapists GmbH of their decision to withdraw or cancel by an unequivocal statement (e.g., a letter sent by post or email to support@engage.telushealth.com). The deadline for withdrawal is met if the notification is sent before the relevant statutory period has expired.

6.5 EU/EEA Users Only: Users resident in the European Union or European Economic Area who have concluded a free-of-charge user agreement may have a right of withdrawal under European consumer law. The specific terms for this right are detailed in the cancellation policy made available at the time of registration.

7. License and intellectual property

This section describes how the TELUS Health Engage app and the TELUS Health Engage services may be used and what rights are granted to the TELUS Health Engage services and the TELUS Health Engage app.

7.1 License for the TELUS Health Engage app (software)

7.1.1 By accepting these terms and conditions by the user, eTherapists GmbH grants the user the non-exclusive right, unlimited in time and space, to use the TELUS Health Engage app for private, non-commercial purposes within the scope of these terms and conditions and for the TELUS Health Engage offers.

7.1.2 The user is not entitled to grant sublicenses or to make the TELUS Health Engage app available to third parties, or to distribute the TELUS Health Engage app or make it publicly accessible.

7.1.3 The user may neither edit nor decompile the TELUS Health Engage app, unless this is expressly permitted by law. The right of reproduction is limited to the installation of the TELUS Health Engage app on end devices in the direct possession of the user in order to fulfill these provisions and the purpose of use, and to reproduction that is necessary for loading, displaying, running, transferring and saving the TELUS Health Engage app, as well as to the right to make a backup copy of the TELUS Health Engage app. The user may not reverse engineer or disassemble the TELUS Health Engage app or attempt to gain access to the app's source code.

7.1.4 The license terms for the TELUS Health Engage app set out in Section 7.1 above shall also apply to all upgrades or improvements that eTherapists makes available to the User and that replace or supplement the TELUS Health Engage app, unless the upgrades or improvements are subject to a separate license.

7.2 License for the TELUS Health Engage offerings (software and other digital content)

7.2.1 With the acceptance of these terms and conditions by the user, eTherapists GmbH grants the user the spatially unlimited, simple and non-transferable right to use the TELUS Health Engage offers or digital content for private, non-commercial purposes within the scope of these terms and conditions. The right is limited in time to the validity of the TELUS Health Engage ID. The validity is dependent on the acquisition of the TELUS Health Engage ID by the employer (Section 5.3.1) or insurer/health insurance fund (Section 5.3.2) and begins from the time at which the employer or insurer has requested the activation of the TELUS Health Engage ID, but at the latest when the TELUS Health Engage ID is issued to the employee or insured person.

7.2.3 The user is not entitled to grant sublicenses or to make the TELUS Health Engage offers or digital content available to third parties, or to distribute or make the TELUS Health Engage offers or digital content publicly accessible.

7.2.4 The TELUS Health Engage offers or digital content sometimes contain copyrighted works of third parties (such as cooking recipes, photographs or videos). eTherapists GmbH is entitled to make these works available to the user within the scope of the TELUS Health Engage services and these terms and conditions. Unless otherwise expressly agreed between the user and the third party, these license provisions of section 7.2 also apply to such TELUS Health Engage offers or digital content created by third parties. All digital content created, provided or made available under these provisions (including, but not limited to, texts, images, videos, software, databases, designs, graphics, brands, logos and other materials) remain the intellectual property of eTherapists GmbH or the respective rights holder.

7.3 Humanoo and eTherapists are registered trademarks.

8. Data protection

The data protection provisions relating to the use of the TELUS Health Engage app and the associated TELUS Health Engage services are set out here. See Appendix 3 for exceptions.

8.1 eTherapists GmbH collects, processes and uses personal data of the user within the scope of the TELUS Health Engage offers and the TELUS Health Engage app, as well as for the processing of orders, in accordance with applicable data protection laws and the comprehensive data protection information. The exact scope and specific details on the handling of personal data can be found in the data protection information for the use of the TELUS Health Engage app and the relevant declaration of consent, which are made available to the user before completing the registration of his user account and which can be accessed at any time on the website at https://go.telushealth.com/telus-health-engage-privacy-policy and in the TELUS Health Engage app under "Settings".

8.2 If the user is asked for a nickname in the context of personalization, the actual name should not be used. This is the only way to implement the data protection-friendly implementation of TELUS Health Engage offers.

8.3 If the user does not declare their consent to eTherapists GmbH or subsequently revokes it, it is not possible to use the TELUS Health Engage app and the TELUS Health Engage services for data protection reasons.

9. Obligations of the user

At this point, we would like to point out some obligations that must be observed when using the TELUS Health Engage app and the TELUS Health Engage offers.

9.1 The User must implement the coaching sessions and instructions in the TELUS Health Engage offers in accordance with the instructions. This applies in particular to the physical exercises and recipe instructions for the "Coach", "Activity", "Loosening / releasing tension" and "Nutrition" functions.

9.2 If the user does not clearly understand coaching or instructions, the user must contact eTherapists GmbH before executing the coaching or instructions in order to clarify any ambiguities. This contact is free of charge for the user and can be made via the contact options specified in section 1.3. In addition, the "Contact health experts" function can be used for questions about the coaching sessions or advice.

9.3 The User's attention is once again expressly drawn to the health instructions in section 3 of these provisions. Disregarding the health instructions can lead to injury and health risks. This applies in particular to previously ill users, pregnant women or users who suffer from food intolerances or allergies.

9.4 The user must inform eTherapists GmbH without undue delay if he/she suspects that third parties have gained unauthorized access to the user account. The same shall apply if the user becomes aware that the rights of eTherapists GmbH are being infringed by third parties.

9.5 If rights of eTherapists GmbH are infringed by third parties or unauthorized access to the user account has occurred and the user can make a contribution to the defense of these rights or the clarification of the unauthorized access, the user shall support eTherapists GmbH in the defense of its rights. This support relates in particular to the provision of relevant information and documents.

9.6 eTherapists GmbH strongly advises users to regularly back up their data stored on the mobile device or computer of users in order to minimize the damage caused by possible data loss.

9.7 In order to use the TELUS Health Engage services and TELUS Health Engage app, the user must be at least 18 years old or the age of legal majority in their jurisdiction. If the user is a minor (under the age of legal majority), the user may only use the TELUS Health Engage services and TELUS Health Engage app if the user's parent or legal guardian gives their consent and accepts these terms on their behalf.

9.8 When using the app, the user may in particular not (this list is not exhaustive):

  • create multiple accounts for the same person;

  • violate the law and common decency with their usage behavior (e.g. nickname, comments or photo uploads);

  • infringe industrial property rights, copyrights or other property rights;

  • transmit content with viruses, so-called Trojan horses or other programs that can damage software;

  • enter, save or send hyperlinks or content for which he is not authorized, in particular if these hyperlinks or content violate confidentiality obligations or are illegal;

  • distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, malfunctions and the like or encourage participation in competitions, snowball systems, chain letters, pyramid schemes and similar campaigns;

  • use the app for commercial purposes;

  • Manipulate the functions and content of the app and the data collected (e.g. manipulation of steps or diamonds collected, etc.);

  • bypass, deactivate, decrypt or otherwise circumvent technical measures implemented to protect the app and its content or make unauthorized changes of any kind to the end device of the user, e.g. disabling hardware or software controls ("jailbreaking").

The assessment of whether the user has breached an obligation is at the discretion of eTherapists GmbH.

10. Liability for defects, availability and guarantee

Here you can find out what the quality of our TELUS Health Engage offers and the TELUS Health Engage app is like and what rights you have if the agreed quality is not met.

10.1 The TELUS Health Engage offers available in the TELUS Health Engage app essentially correspond to the product descriptions on the website or in the app stores in which the TELUS Health Engage app is available. These product descriptions are merely general information on the features of the TELUS Health Engage app and the TELUS Health Engage offers and do not constitute guaranteed features.

10.2 eTherapists GmbH does not provide any guarantees unless these are expressly designated as such in writing.

10.3 eTherapists GmbH shall be liable for product defects in accordance with the applicable statutory provisions.

10.4 In the case of updates, upgrades or new version deliveries, claims for defects are limited to the new features of the updates, upgrades or new version delivery compared to the previous version status.

10.5 eTherapists GmbH does not guarantee that the TELUS Health Engage offers will actually lead to an improvement in well-being and state of health. In particular, no specific success is owed.

10.6 Some TELUS Health Engage offers, such as health coaching or nutrition tips, are subject to ongoing scientific findings. eTherapists GmbH does not guarantee that the TELUS Health Engage offers correspond to the latest research results and findings.

10.7 The TELUS Health Engage offers are stored with a central server provider. eTherapists GmbH endeavors to make the TELUS Health Engage app available to the user with as little interruption as possible and to rectify any faults as quickly as possible. However, continuous availability of the TELUS Health Engage app at all times cannot be guaranteed for technical reasons (e.g. due to necessary maintenance work, security or capacity reasons as well as due to events beyond the control of eTherapists GmbH such as disruptions of public communication networks, power failures, force majeure).

11. Liability

The scale and scope of liability is shown here.

11.1 The following limitations of liability of this Section 11 shall not apply to injury to life, body or health or to liability under the Product Liability Act or insofar as eTherapists GmbH has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. In addition, the following limitations of liability shall not apply if eTherapists GmbH or employees, legal representatives or vicarious agents of eTherapists GmbH have caused damage through gross negligence or willful misconduct.

11.2 Within the scope of of the user agreement, eTherapists GmbH shall only be liable in the event of a breach of a material contractual obligation (so-called cardinal obligation) due to slight negligence in the amount of the typical, foreseeable damage. A material contractual obligation exists if this obligation is necessary for the fulfillment of the contractual purposes and the user can rely on the fulfillment of this obligation.

11.3 eTherapists GmbH shall only be liable for direct and indirect damages caused by the loss of data of the user up to the amount that would have been incurred if the data had been properly and regularly backed up.

11.4 Temporary restrictions or interruptions to the availability of the TELUS Health Engage app do not entitle the user to claim damages, provided that these remain within reasonable limits.

11.5 The above provisions on liability in this Section 11 also apply to employees, legal representatives or vicarious agents of eTherapists GmbH.

11.6 eTherapists GmbH is not liable for external links and digital content of third parties insofar as eTherapists GmbH does not adopt this content as its own. eTherapists GmbH has checked the content of external links. However, the external information is not continuously monitored. As soon as eTherapists GmbH becomes aware of illegal content or illegal activities in external links, eTherapists GmbH will immediately remove the respective link that refers to this content.

11.7 Otherwise, the liability of eTherapists GmbH is excluded.

12. Termination

This section describes how the contractual relationship on which these provisions are based can be terminated and what happens to the data in the event of termination.

12.1 These Terms and the license agreement between the user and eTherapists GmbH shall apply for an indefinite period, unless the contractual relationship between the user and eTherapists GmbH is terminated by either the user or eTherapists GmbH.

12.2 The user has the right to terminate the contractual relationship with eTherapists GmbH at any time by giving one month's notice in text form to eTherapists GmbH. The notice of termination should contain the user name and the TELUS Health Engage ID of the user.

12.3 eTherapists GmbH has the right to terminate the contractual relationship with the user if the user repeatedly violates the provisions of these terms and conditions and does not cease the violation despite being requested to do so by eTherapists GmbH.

12.4 If the contractual relationship between the employer or insurer/health insurance company of the user and eTherapists GmbH is terminated, eTherapists GmbH has the right to also terminate the user agreement with the user and to discontinue the provision of the TELUS Health Engage services.

12.5 The right to extraordinary termination for good cause remains unaffected by this.

12.6 If storage is not required by law or necessary for the fulfillment of the contract, the user's data will be irrevocably deleted if desired.

12.7 The provisions on the statutory right of withdrawal (Section 6) apply without prejudice to the provisions on termination.

13. Other provisions

This section regulates various points that are otherwise relevant to the contractual relationship.

13.1 eTherapists GmbH reserves the right to amend these provisions with effect for the future, insofar as this is necessary to adapt to legal, technical or economic developments and does not unreasonably disadvantage the User. The user will be informed of planned changes at least four (4) weeks before the planned change by an express notice in text form either by e-mail or within the app. The amended provisions shall only become effective if the user expressly agrees to them. If the user does not expressly agree to the amended provisions, eTherapists GmbH is entitled to terminate the contract with the user for cause.

13.2 Amendments to these provisions must be made in text form. This also applies to amendments to this clause.

13.3 Governing Law and Jurisdiction

The applicable law and the place of jurisdiction for these provisions shall be governed by the laws of applicable jurisdictions (See Appendix 1). The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

13.4 Dispute Resolution

eTherapists GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. Users should seek resolution through the relevant courts or mandatory arbitration/mediation channels available in their jurisdiction.

13.5 Governing Language

The language of these Terms and the license agreement between the user and eTherapists GmbH is English. Insofar as copies of these provisions are translated into other languages, the English version of these provisions shall prevail in the event of contradictions, except to the extent that this provision is in violation of applicable law.

13.6 These provisions shall supersede any previous agreements Users. Insofar as special conditions apply to TELUS Health Engage offers or other products of eTherapists GmbH, such special conditions shall take precedence over these provisions.

14. Retrieval and storage options

This last section explains where these provisions are permanently available.

eTherapists GmbH keeps these provisions permanently available for retrieval and storage for the user in the TELUS Health Engage offers and on its website at https://go.telushealth.com/telus-health-engage-terms-and-conditions (contract text storage). However, eTherapists GmbH advises the user to save a version of these terms and conditions on their own data carrier and store it permanently for their own benefit.

Appendix 1

Notice to Users regarding 13.3 Governing Law and Jurisdiction

Argentina. Consumer Protection Law (Law No. 24,240), enforced by the National Directorate for Consumer Protection.

Australia. The references to TELUS Health in these Terms shall be deemed to mean TELUS Health (Australia) Pty Ltd ACN 134 449 059, an Australian company, having its principal place of business at Level 16, 440 Collins Street, Melbourne VIC 3000 Australia ( “TELUS Health Australia”) where the contractual relationship of the employer or insurer/health insurance company is with TELUS Health Australia. If the contractual relationship is between the employer or insurer/health insurance company of the user and TELUS Health Australia, then these Terms will be subject to Australian law and courts located in Melbourne.

Brazil. Consumer Defense Code (Law No. 8,078). The Consumer Defense Code is the main regulation, overseen by agencies within the National Consumer Defense System (such as PROCONs).

Canada. The references to TELUS Health in these Terms shall be deemed to mean TELUS Health (Canada) Ltd. ("TELUS Health Canada"), a corporation organized under the laws of Ontario, where the contractual relationship of the employer or insurer/health insurance company is with TELUS Health Canada. If the contractual relationship is between the employer or insurer/health insurance company of the user and TELUS Health Canada, then these Terms will be subject to Ontario law.

Chile. Consumer Protection Law (Law No. 19,496), with the National Consumer Service (SERNAC) as the authority.

Colombia. Consumer Statute (Law No. 1480 of 2011), enforced by the Superintendence of Industry and Commerce (SIC).

Costa Rica. Law No. 7472 (Law on the Promotion of Competition and Effective Consumer Protection). The Consumer Support Directorate (DAC), which is part of the Ministry of Economy, Industry and Commerce (MEIC), is responsible for enforcement.

Ecuador. Organic Law for Consumer Protection (Law No. 2000-21), overseen by the Undersecretariat for Quality of the Ministry of Production, Foreign Trade, Investment and Fisheries (MPCEI).

Mexico. Federal Consumer Protection Law. The Federal Consumer Protection Agency (PROFECO) enforces the Federal Consumer Protection Law.

New Zealand. The references to TELUS Health in these Terms shall be deemed to mean TELUS Health (New Zealand) Limited CRN 620054, a New Zealand company, having its principal place of business at 86 Highbrook Drive, East Tamaki, Auckland, New Zealand 2013 ( “TELUS Health New Zealand”) where the contractual relationship of the employer or insurer/health insurance company is with TELUS Health New Zealand. If the contractual relationship is between the employer or insurer/health insurance company of the user and TELUS Health New Zealand, then these Terms will be subject to New Zealand law and courts located in Auckland.

Peru. Consumer Protection and Defense Code (Law No. 29571), under the National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI).

Singapore. The references to TELUS Health in these Terms shall be deemed to mean TELUS Health (Singapore) Pte Ltd. UEN 201610035R, a Singaporean company, having its principal place of business at 10 Collyer Quay #10-01 Ocean Financial Centre Singapore, 049315 ( “TELUS Singapore”) where the contractual relationship of the employer or insurer/health insurance company is with TELUS Health Singapore. If the contractual relationship is between the employer or insurer/health insurance company of the user and TELUS Health Singapore, then these Terms will be subject to Singaporean law.

US. The references to TELUS Health in these Terms shall be deemed to mean TELUS Health (US) Ltd., a Delaware corporation having its principal place of business at 250 Royall Street, Suite 210W, Canton MA 02021, USA ("TELUS Health US") where the contractual relationship of the employer or insurer/health insurance company is with TELUS Health US. If the contractual relationship is between the employer or insurer/health insurance company of the user and TELUS Health US, then these Terms of Use will be subject to Delaware law.

Appendix 2

Notice to Users in the LATAM region regarding 6. Statutory Withdrawal or Cancellation Rights

Argentina. Resolution 424/2020, Secretariat of Domestic Trade
Withdrawal period: 10 calendar days from the delivery of the goods or the signing of the contract.
Response timeframe: Within 24 hours of the consumer exercising withdrawal, the seller must provide the identification number of the transaction.

Brazil. Consumer Protection Code, Article 49
The consumer may withdraw from the contract within 7 days from signing or receiving the product/service, provided the transaction occurred outside the commercial establishment (e.g., online, by phone, or at home).
Refund: Any amounts paid during the reflection period must be returned immediately, adjusted for monetary value.

Colombia. Consumer Statute, Law 1480, Article 47
Withdrawal period: 5 business days from delivery of goods or signing of the contract for services.
Exceptions: Does not apply if service provision has already begun with the consumer’s agreement.
Refund: The provider must return all amounts paid without deductions. Refunds must be completed within 30 calendar days from the exercise of the right.

Mexico. Federal Consumer Protection Law (LFPC), Article 56
The contract is perfected five business days after delivery of the goods or signing of the contract, whichever occurs last. During this period, the consumer may revoke consent without liability.
Revocation process: Must be communicated personally, via registered mail, or by another verifiable method. Upon revocation, the provider must refund the paid amount; shipping and insurance costs are borne by the consumer.
Services: This right does not apply if the service is to be performed within 10 business days or less from the order date.

Appendix 3

Notice to Users in LATAM regarding 8. Data protection

National laws afford protection to individuals even where databases are located abroad, provided that the processing is directed at the local market or affects locally situated data subjects.

Complaints may be filed with the competent local authorities (e.g., the Public Information Access Agency – Agencia de Acceso a la Información Pública (AAIP) in Argentina, or the National Institute for Transparency, Access to Information and Personal Data Protection – Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales (INAI) in Mexico) where the company maintains a presence or carries out operations in the relevant jurisdiction.

Argentina. Law No. 25,326 on Personal Data Protection applies, including restrictions on transferring personal data to jurisdictions that do not provide adequate levels of protection.

Brazil.The General Data Protection Law (LGPD - Lei Geral de Proteção de Dados Pessoais - Ley 13.709/2018) applies to any processing carried out in Brazil, or where the purpose is to offer goods or services to individuals in Brazil, regardless of where the controller is headquartered.

Canada. The Personal Information Protection and Electronic Documents Act (PIPEDA) may apply to the collection, use, and disclosure of personal information in the course of commercial activities in Canada, including where organizations transfer personal information across provincial or national borders while remaining accountable for that information.

Colombia. Law 1581 of 2012 applies, requiring adequate levels of protection in the context of international data transfers.

Mexico. The Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP) applies where the controller is located in Mexico or, even if located abroad, where processing is carried out using means located within Mexican territory.

Québec. The Act Respecting the Protection of Personal Information in the Private Sector (Québec), as amended by Law 25, may apply where personal information of Québec residents is collected, used, disclosed, or transferred outside of Québec. This legislation imposes enhanced obligations with respect to transparency, privacy impact assessments, cross-border data transfers, and the protection of sensitive personal information.



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